A Rule 30(b)(6) deposition is taken of an entity rather than an individual. The noticing party lists the topics with reasonable particularity, and the organization must designate one or more people to testify about information known or reasonably available to it. The designee's testimony binds the organization.
The designee need not have personal knowledge. The entity has an affirmative duty to educate its witness by reviewing documents, interviewing employees, and gathering institutional knowledge on each noticed topic.
Alternative Names:
Corporate Designee Deposition, Organizational Deposition, PMK Deposition
Why it Matters?
This is the deposition that establishes corporate knowledge, notice, policies, and document practices, and it is frequently the foundation for punitive damages and corporate negligence theories. Inadequate preparation is treated as a failure to appear and can result in sanctions, a second deposition at the company's expense, or preclusion of contrary evidence at trial.
Frequently Confused with
Related terms
Frequently asked questions
Can a company designate multiple witnesses?
What happens if the designee is unprepared?
Is the testimony binding on the company?
